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You
may not operate a motor vehicle, within the first six (6) months after
receiving your "Junior Operator's License" while any person
under the age of 18 is in the vehicle (other than yourself or an
immediate family member), unless you are accompanied by a person who is
at least 21 years old, has at least one year of driving experience,
holds a valid driver's license from Massachusetts or another state, and
is occupying a seat beside you.
NOTE: If you violate the restriction
against carrying a passenger under age 18, you will be subject to a
license suspension of 30 days for a first offense, 60 days for a second
offense and 90 days for a third or subsequent offense. The law requires
the Registrar to impose this suspension in addition to any other
penalty, fine, suspension, revocation or requirement that may be imposed
in connection with a violation committed at the time you were violating
the passenger restriction. The Registrar has determined that the period
of suspension for a violation of the passenger restriction must run
after any other suspension has been completed. When your "Junior
Operator's License" is reinstated, you will still have the remainder
of the six (6) month restriction period to complete that existed at
the beginning of the suspension period. Note: While a
violation of the "time restriction" between midnight and 1:00
a.m. and between 4:00 a.m. and 5:00 a.m. is subject to "secondary
enforcement" (see Q # 22), a violation of the passenger restriction
is not. A violation of the passenger restriction is subject to
"primary enforcement" and may be enforced at any time of day
or night.
Young drivers, high risk
Inexperience is cause of most accidents by teens
WAREHAM -- A box that sits on the tile floor in
front of Tanya Borges' high school locker still fills daily with
keepsakes and private messages.
The hard-working 17-year-old with a knockout smile
died Feb. 12 in a speeding car that she should never have been riding
in. Miss Borges was killed when the driver lost control of the car while
traveling at high speeds on Interstate-195 in Mattapoisett and slammed
the car into a tree.
The driver, a 16-year-old Wareham High School friend
of Miss Borges, spent several days recuperating in the hospital with
head injuries, knowing her friend was dead. Upon her release, the minor
learned she faces arraignment in Wareham Juvenile Court on charges of
motor vehicle homicide, negligent operation of a motor vehicle and
violating the state's junior operator license law.
Under the law, a 16-year-old driver may not operate
a motor vehicle while any passenger under the age of 18 is in the car
other than an immediate family member, unless accompanied by person who
is at least 21 years old.
"It's a complete tragedy," said State Police Trooper
Steve Lopes, the investigating officer who had to file charges against
the 16-year-old driver.
It's also a common tragedy -- a fact borne out just
days later, when a speeding car carrying three 16-year-olds slid on a
wet road and crashed into a tree in Plymouth, killing two and injuring a
third.
The two accidents highlight a national problem that
Massachusetts has battled with mixed success since it enacted its junior
operator license law in 1998: how to keep 16-year-olds, statistically
the deadliest drivers on the road, from killing and injuring themselves
and their friends in car accidents.
Injury from motor vehicle crashes is the leading
cause of death among U.S. teenagers, according to the National Highway
Traffic Safety Administration (NHTSA). The crash risk among 16- and
17-year-old drivers is almost three times as high as among 18- and
19-year-old drivers.
The junior license is designed to give the youngest
drivers a chance to gain driving experience and maturity while limiting
their exposure to risky situations. The numbers of accidents involving
16-year-old drivers has dropped since the junior driving law was
enacted, aided by an intensive effort by educators and law enforcement
unheard of just a decade ago.
But the percentage of 16-year-olds who get into
crashes is still staggering. In 1997, a year before the law went into
effect, 47 percent of all 16-year-old drivers in Massachusetts had car
crashes, according to the Registry of Motor Vehicles. There was only a 3
percent decrease in the number of 16- to 17-year-olds involved in car
accidents from 1997 to 2000, the most recent statistically relevant data
available, according to the Governor's Highway Safety Bureau.
Stories and statistics
More than the numbers, it is the stories teenagers
tell that powerfully illustrate how tragedies like the one that killed
Tanya Borges still occur regularly. Sixteen-year-old drivers commonly
break the terms of their junior license by giving their friends car
rides -- often wild, risky rides, teens say.
"Oh, it's common," said Amanda White, 17, senior
class president at Wareham High School. "It happened to me. I was in the
car with four other people, I'm in the front seat and I'm the only one
in the car wearing a seat belt, and we're going, like, 100
miles-per-hour and the music was blasting. Forget about it. I was
scared."
Miss White said she believed the driver, then a high
school junior, was 16 at the time.
What occurs more often than a speeding car full of
rollicking 16-year-olds is a car full of rollicking 16-year-olds
traveling within the speed limit, said Michael Collins, a 16-year-old
11th-grader at Wareham High School.
"You see juniors come to school every day with a
car-load full of people," Mr. Collins said.
Contrary to what many people believe, car accidents
involving 16-year-old drivers aren't caused primarily by drinking.
Sixteen-year-old drivers involved in fatal crashes have alcohol in their
systems half as often as 18-year-olds, according to the NHTSA.
Rather, car accidents involving 16-year-old drivers
are most commonly the result of the driver's inexperience and inability
to make mature decisions regarding safety. Studies by the Insurance
Institute for Highway Safety show that teenage drivers are at much
greater risk of being involved in a fatal crash when teen passengers are
in the car. Fifty-eight percent of teenagers killed in crashes were
riding in a car driven by a teenager, according to a 1998 NHTSA report.
"They have great reflexes but unfortunately they
just don't have the experience, and that's what a lot of these cases
fall under," said John Paul, manager of traffic safety for AAA Southern
New England. "The more people you put in a car driven by teens, the more
distracted the drivers get. One kid and you get a certain percentage
more likely, two kids and that number goes up, and so on."
Law gets Tougher
Based on that knowledge, Massachusetts lawmakers in
1998 passed the Graduated Driver Licensing law, which created a
three-stage licensing process that phases in driving privileges,
providing restrictions for a period of time after the junior operator
license is obtained.
Under the law, drivers between the ages of 16½ and
18 may not operate a motor vehicle within the first six months after
receiving a junior license while any passenger under the age of 18 is in
the vehicle, other than an immediate family member, unless the driver is
accompanied by a person who is at least 21 years old, has at least one
year of driving experience, holds a valid driver's license and is
occupying the front passenger seat.
Junior operators who violate the passenger
restriction are subject to a license suspension of up to 90 days.
The law also forbids junior operators from driving
between midnight and 5 a.m. unless accompanied by a parent or a legal
guardian and provides enhanced penalties for certain motor vehicle
offenses committed by junior operators, such as speeding and racing and
those involving alcohol or drugs.
The law represented the most significant change in
the standard license in at least 50 years, Mr. Paul said. At the same
time, government, law enforcement officials and educators have
increasingly funded and carried out efforts to warn teens about the
dangers they face as new drivers.
The junior driver law and education efforts have
paid off to some extent. From 1997 to 2002, there was a 31 percent
decrease in the number of 16- to 17-year-old drivers involved in fatal
crashes in Massachusetts.
"We're seeing an ever-increasing sophistication of
teen driving education and outreach," said Brook W. Chipman of the
Governor's Highway Safety Bureau. "Is that responsible for the lower
numbers? It certainly didn't hurt, that's for sure. The downward trend
is heartening, but it's certainly not a reason for people to be
satisfied. Unfortunately, as the Plymouth crash and other crashes
indicate, you still don't have to look too far to gain personal
experience with this issue."
Taking it seriously
Though things have improved, getting teens to drive
safely and take the restrictions of the junior license law seriously is
still an uphill battle, road safety experts say. The problem is slightly
worse in SouthCoast than statewide, and in some SouthCoast communities
more than others.
In 2002, 5.1 percent of all car accidents in
Massachusetts involved teenage drivers, according to the Governor's
Highway Safety Bureau. In comparison, 12.7 percent of all accidents in
Freetown and 12.7 percent of all accidents in Rochester involved teen
drivers. Of 11 SouthCoast communities, only New Bedford and Fall River
experienced fewer accidents involving teen drivers than the statewide
average from 1997 to 2002.
The higher percentage of accidents in SouthCoast
involving teen drivers is to some extent the result of the rural nature
of many of the communities, road safety experts said. Unlike in the
city, teens have to drive in the small towns and suburbs to get anywhere
-- often along winding, narrow country roads.
But the problem is compounded by the fact that
teenage drivers in Southeastern Massachusetts wear seatbelts at a lower
rate than in any other region of the state. For that reason, State
Police focused especially on Southeastern Massachusetts when they
launched the "click it or ticket" seatbelt enforcement campaign several
years ago.
Again, enforcement and education efforts have had
some success. From 1999 to 2003, seatbelt use among teen drivers in
Southeastern Massachusetts jumped from 37 percent to 58 percent,
according to the Governor's Highway Safety Bureau. Among drivers of all
ages statewide, 62 percent wore seatbelts in 2003, according to the
statistics.
Safety officials say data regarding enforcement of
the junior driver law are not available, but State Police who work on
the front lines in the battle to protect teen drivers sometimes express
frustration that parents aren't always more vigilant in making sure
their 16-year-olds are following the terms of their junior license.
"It's quite unfortunate when you have a parent who
isn't being a good role model, who isn't saying, 'Don't have other kids
in the car with you until you hit that six-month mark,'" State Police
Sgt. David R. Paine Jr. said. "Parents should be following through,
enforcing the law and educating their kids, telling them every day that
a poor choice could result in some very bad consequences."
Raising
driving Age is unpopular
In the fight to further reduce the dangers that
young drivers face, there is always talk from some lawmakers and road
safety advocates of upping the state's driving age to 17. Often, parents
are the most vocal opponents. Busy parents tired of chauffeur duty are
often as eager for their children to begin driving as the children are.
"They like it better than I do," Mr. Collins, the
Wareham High School junior who recently got his driver's license, said
of his parents. "Now, I can chauffeur my sisters. I run errands. Of
course, there is that nervousness. Mother gets nervous."
Samantha Clark, a 15-year-old sophomore who is
looking forward to driving, expressed the same sentiment.
"My parents can't wait," Miss Clark said. "My mom
lives two hours away and my parents always have to drive me there and
back. They can't wait for me to be able to do it myself."
Even responsible parents who are aware of the risks
that driving presents to young drivers and talk to their children about
the dangers struggle with knowing when a child is old enough to get
behind the wheel. Peter Balzarini, a teacher at Wareham High School
whose 15-year-old daughter is taking driver education at the school in
preparation for getting her junior license, said he worries about the
prospect of his daughter behind the wheel. But he believes 16½ is old
enough to drive.
"My daughter and I have talked about this. She's on
the cusp of getting her license," Mr. Balzarini said. "We all as parents
keep our fingers crossed. It's a scary, scary proposition for any parent
the first time you send your kid in the car by themselves. But I don't
know if pushing (the legal driving age) back would do that much help.
Wherever you put the line, you're not automatically creating a foolproof
situation where you're not going to have these problems. No matter what
age they are when they start driving, problems are going to occur
because they are new, inexperienced drivers."
Often, many teenage drivers learn the hard way. At
Wareham High School, Tanya Borges' classmates will be reminded every
time they pass Miss Borges' locker, which will not be assigned to
another student.
"It really shook everyone up when Tanya died," said
Ms. White, the Wareham High School senior. "Especially people close to
her got really woken up by it. A lot of her best friends are saying,
'I'm going to be a safer driver.'"
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